Rule 50. Motion for a directed verdict and for judgment notwithstanding the verdict.
(a)
When made; effect. – A party who moves for a directed verdict at the close of the
evidence offered by an opponent may offer evidence in the event that the motion is not
granted, without having reserved the right so to do and to the same extent as if the motion had
not been made. A motion for a directed verdict which is not granted is not a waiver of trial by
jury even though all parties to the action have moved for directed verdicts. A motion for a
directed verdict shall state the specific grounds therefor. The order granting a motion for a
directed verdict shall be effective without any assent of the jury.
(b)
Motion for judgment notwithstanding the verdict. –
(1)
Whenever a motion for a directed verdict made at the close of all the
evidence is denied or for any reason is not granted, the submission of the
action to the jury shall be deemed to be subject to a later determination of
the legal questions raised by the motion. Not later than 10 days after entry of
judgment, a party who has moved for a directed verdict may move to have
the verdict and any judgment entered thereon set aside and to have judgment
entered in accordance with his motion for a directed verdict; or if a verdict
was not returned such party, within 10 days after the jury has been
discharged, may move for judgment in accordance with his motion for a
directed verdict. In either case the motion shall be granted if it appears that
the motion for directed verdict could properly have been granted. A motion
for a new trial may be joined with this motion, or a new trial may be prayed
for in the alternative. If a verdict was returned the judge may allow the
judgment to stand or may set aside the judgment and either order a new trial
or direct the entry of judgment as if the requested verdict had been directed.
If no verdict was returned the judge may direct the entry of judgment as if
the requested verdict had been directed or may order a new trial. Not later
than ten (10) days after entry of judgment or the discharge of the jury if a
verdict was not returned, the judge on his own motion may, with or without
further notice and hearing, grant, deny, or redeny a motion for directed
verdict made at the close of all the evidence that was denied or for any
reason was not granted.
(2)
An appellate court, on finding that a trial judge should have granted a motion
for directed verdict made at the close of all the evidence, may not direct
entry of judgment in accordance with the motion unless the party who made
the motion for a directed verdict also moved for judgment in accordance
with Rule 50(b)(1) or the trial judge on his own motion granted, denied or
redenied the motion for a directed verdict in accordance with Rule 50(b)(1).
(c)
Motion for judgment notwithstanding the verdict – Conditional rulings on grant of
motion. –
(1)
If the motion for judgment notwithstanding the verdict, provided for in
section (b) of this rule, is granted, the court shall also rule on the motion for
new trial, if any, by determining whether it should be granted if the
judgment is thereafter vacated or reversed, and shall specify the grounds for
granting or denying the motion for the new trial. If the motion for new trial
is thus conditionally granted, the order thereon does not affect the finality of
the judgment. In case the motion for new trial has been conditionally granted
and the judgment is reversed on appeal, the new trial shall proceed unless the
appellate division has otherwise ordered. In case the motion for new trial has
been conditionally denied, the appellee on appeal may assert error in that
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denial; and if the judgment is reversed on appeal, subsequent proceedings
shall be in accordance with the order of the appellate division.
(2)
The party whose verdict has been set aside on motion for judgment
notwithstanding the verdict may serve a motion for a new trial pursuant to
Rule 59 not later than 10 days after entry of the judgment notwithstanding
the verdict.
(d)
Motion for judgment notwithstanding the verdict – Denial of motion. – If the
motion for judgment notwithstanding the verdict is denied, the party who prevailed on that
motion may, as appellee, assert grounds entitling him to a new trial in the event the appellate
division concludes that the trial court erred in denying the motion for judgment notwithstanding
the verdict. If the appellate division reverses the judgment, nothing in this rule precludes it
from determining that the appellee is entitled to a new trial, or from directing the trial court to
determine whether a new trial shall be granted. (1967, c. 954, s. 1; 1969, c. 895, s. 11.)
G.S. 1a-1. Rule 50
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